The opening mishnah of chapter four taught us that in a capital case a not-guilty verdict can be issued on the same day that the judges deliberate. However, the judges may not issue a guilty verdict on the first day of deliberation. Even if they feel sure on that day, they must pause and wait until the next day before finalizing their decision to convict. Therefore, says the mishnah, capital cases cannot be tried any day of the week. Specifically:
The court does not judge cases of capital law on certain days, neither on the eve of Shabbat nor the eve of a festival.
The mishnah, in its characteristically laconic style, offers no more comment. The Gemara gives this step-by-step explanation: Let’s say a capital case is tried on Friday and it is determined that the accused is guilty. The verdict cannot be released on Friday, because the mishnah requires that we do not rush to a guilty verdict — that we wait a day. The guilty verdict also cannot be issued on the next day, Shabbat, because the court is required to immediately begin the execution process and capital punishment is forbidden on Shabbat. Similarly, the court can’t issue the verdict right after Shabbat, on Saturday evening, because capital punishments are carried out only in the daytime. The court cannot convict Saturday night and wait until Sunday morning to execute because the convicted person will spend an entire night in anguish, knowing that they are to be executed the next day. So why not simply suspend the trial on Friday after the judges have completed their deliberations and return on Sunday (or even later) to issue the verdict?
The judges will forget their reasons. Even though two judges’ scribes are standing before them, and they write the statements of those who acquit the accused and the statements of those who find him liable, and they write that which emerged from the mouths of the judges, the hearts of people are forgetful, and they will forget the reasons.
An assumption buried in this discussion, which may not be obvious to us, is that most cases will be tried and decided in one day. In our world, it’s virtually unimaginable that a capital case would be completed this quickly. But for a rabbinic court, which operates with much less bureaucracy, this seems to have been the norm. It is telling that the rabbis do not say a capital case cannot be tried on Thursday. There seems to be no concern that the judges who begin deliberating on Thursday will not arrive at an initial conclusion until Friday and then run into all the problems described above. Rather, they seem to assume that a capital case tried on Thursday will come to a conclusion by Friday.
In our day, we are not concerned that judges and jurors will be unable to retain their knowledge of the trial should it be suspended for a holiday or weekend, but this is not the case for the rabbis of Talmud. As we’ll learn in the next mishnah, in the rabbinic courts, after the initial vote, judges would pair off and deliberate the case all night long so that those who voted to convict had every opportunity to change their mind before rendering a final verdict. If they paused for Shabbat and picked up their deliberation after it passed, the Gemara assumes that judges may be unable to remember their precise reasoning for conviction two days after the fact, even with the aid of the court scribes. And so, it was determined that a capital trial should always be held at a time when we know it can be continued on the following day.
Read all of Sanhedrin 35 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on January 21, 2025. If you are interested in receiving the newsletter, sign up here.
Help us keep Jewish knowledge accessible to millions of people around the world.
Your donation to My Jewish Learning fuels endless journeys of Jewish discovery. With your help, My Jewish Learning can continue to provide nonstop opportunities for learning, connection and growth.
